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Property Keyed to Merrill
Scott v. Anderson-Tully Co.
Citation:
154 So.3d 910Facts
The plaintiff, Scott, is the administrator of Stewart Scott Jr.’s estate. The estates of Stewart Scott Jr. and Willie Scott, a pair of deceased brothers, each own an undivided one-half interest in a larger parcel. The defendant, Anderson-Tully, owns a tract of land directly to the east of the parcel the estates own. Both Scott and Anderson-Tully claim ownership of a 20 acre parcel east of a fence located on Scott’s property. Scott’s surveyor testified based on his survey and inspection of the land he believed the Scott owned the disputed parcel. Similarly, Anderson-Tully’s surveyor indicated his knowledge of the metes and bounds descriptions meant relying on in-person inspection, and based on his inspection he believed that Anderson-Tully owned the land. Furthermore, as early as 1969, Anderson-Tully’s surveyor placed flags and stakes and used Anderson-Tully’s well-known shade of blue to mark the boundary line along the fence. An independent third-party testified that in the many years he lived and visited the area, the community understood the disputed parcel to be Anderson-Tully’s land, the blue paint was constantly present and the shade of blue was recognized as Anderson-Tully’s, Scott’s never harvested timber east of the fence, and on several occasions Anderson-Tully granted hunting leases on land including the disputed parcel and harvested timber from it. Scott never contested the cutting of timber, ownership, or the granting of hunting leases until 2003.
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